STYLETHREAD -- LET'S TALK SHOP!

small fry · Chanel

need some legal advice...VENT!!!!!!!

boobaby · Kate Spade

I don't have any advice. I'm sorry you are going through this.

Are you sure you want to live there? Will she make your life more difficult than it needs to be if you stayed? If you like it there and really don't want to move, I can understand. It is just that sometimes it is easiest to sever ties.

Again, I'm sorry. It sounds like she is doing this just to be vindictive.

FashionPrincess · Hermes

Did you sign a lease?

small fry · Chanel

yes so far I want to stay. I love the house and in this town finding a place to rent is hard to come by.

small fry · Chanel

FP yes I signed a lease

Dizzy · Marc Jacobs

I think she's just trying to promote drama. Tell her, briefly, that you understand she's upset. And you and H have discussed it. And you're staying until the end of your lease. Then tell her you appreciate her not disrupting your son's life any more duirng this difficult time. If she persists, then it's time to get a lawyer. But right now she's jsut trying to see if you'll flinch.

Cortney1982 · Chanel

You should have no worries. You signed a lease and you are the one who pays the rent, there is nothing she can do!

ILoveChoo · Hermes

if you signed a lease I think your fine unless it says something about you both living there (which I doubt it would..)

small fry · Chanel

Thanks ladies for the ressurrance. The lease was the first thing I made sure I signed just in case of conflict later. Glad I did. I talked to her tonight but she feels the same way and I dont want to get into a battle but I will if needed. I will talk to a lawyer in the morning just to be on the safe side. Can I ask for advice with out them charging me for it?

Farrah · Marc Jacobs

small fry wrote:

Thanks ladies for the ressurrance. The lease was the first thing I made sure I signed just in case of conflict later. Glad I did. I talked to her tonight but she feels the same way and I dont want to get into a battle but I will if needed. I will talk to a lawyer in the morning just to be on the safe side. Can I ask for advice with out them charging me for it?

Do some digging and find out if there is a tenant's union or an organization like it in your area. We have one in Chicago and they provide help in situations like this for little or no money. Good luck!

HeatherLynn · Gucci

small fry wrote:

Thanks ladies for the ressurrance. The lease was the first thing I made sure I signed just in case of conflict later. Glad I did. I talked to her tonight but she feels the same way and I dont want to get into a battle but I will if needed. I will talk to a lawyer in the morning just to be on the safe side. Can I ask for advice with out them charging me for it?

I would call some local attnys and ask if they do free consults. However, they are going to tell you that there isn't really anything that can be done until she tries to kick you out. Right now its idle threats. You have your lease so you are protected. Honestly, I would just wait it out and see what happens. Continue to pay rent on time and be a good tenant. Until she sends you an eviction notice there really aren't any steps for you to take.

Kari · Dooney & Bourke

Did you both sign the lease? How long is the lease? When is it up?

Is there any language about both parties to the lease have to live there or else it terminates the lease?

Is there any language in there about subletting or assigning your lease?

small fry · Chanel

Kari, yes I signed the lease but H did not (on our copy)
Is there any language about both parties to the lease have to live there or else it terminates the lease? Here is what I found Between tenants David and I and owner (staes her name) of the property at 1002 n san anonio this properyt will be occupied by david and belinda stokes and son Chris.

Is there any language in there about subletting or assigning your lease? states No sub letting tenants will not permit any part of the premises to be occupied by anyone other than themselves

The lease is renew on a month to month basis unless either part gives 30 days notice

Elle · Hermes

See, that last sentence there makes is sound like she can give you 30 days notice at any time, since you didn't sign a 6 month, 12 month, 24 month lease. But if you haven't given her reason to make you leave (late rent, trashing the house, etc) and she's not planning on selling the place, then you might have grounds to stay - otherwise I think it could be classified as discrimination.

Otherwise maybe D himself would be able to get her to come around? Depends on how he feels about the whole situation, I guess.

luckylily · Gucci

Hmmm....if your lease is month by month, you might not have a lot of protection since she just needs to give you 30 days notice.

I agree w/ Heather tho. It is probably a good idea to find out if any attorneys in your area do landlord/tenant relations and see if they'll do a free consult w/ you, but they might not be able to do much until she takes action. She might just have her panties in a bunch right now and she'll could get over it.

Honestly tho, I know moving is a pain, but do you really want to live there for an extended period of time? It just sounds like she could make life a huge hassle for you. I'd probably start looking for another place. Yes, moving yourself and uprooting Chris again would be super stressful during a time that is already stressful, but it might be worth it. I dunno, I just think in a new place it would be easier for you and Chris to get a fresh start and put things behind you.

small fry · Chanel

Elle I know that is what iam scared about that last statement. The rent has always been paid on time and the house is in good shape. Well so far D tried but she is not listening.

I will be on the look out for another place but I will fight this. Iam trying to be the better person but its not working and there is alot of personal things no one knows about between D and I. I am trying to keep it personal but its really hard. I told H whatever happens and if the big divorce come out of this he needs to own up on his part and let his family know its his doing. I think it is very wrong of her to do this b/c of her personal feelings. She claims she loves Chris and wants him happy but making us move is not going to help. I feel like I am backed in a corner and iam ready to fight with any thing I can. Iam in tears right now Thanks for listening I love you guys.

-- Edited by small fry at 14:28, 2007-02-20

Hermes

small fry wrote:

Elle I know that is what iam scared about that last statement. The rent has always been paid on time and the house is in good shape. Well so far D tried but she is not listening.

I will be on the look out for another place but I will fight this. Iam trying to be the better person but its not working and there is alot of personal things no one knows about between D and I. I am trying to keep it personal but its really hard. I told H whatever happens and if the big divorce come out of this he needs to own up on his part and let his family know its his doing. I think it is very wrong of her to do this b/c of her personal feelings. She claims she loves Chris and wants him happy but making us move is not going to help. I feel like I am backed in a corner and iam ready to fight with any thing I can. Iam in tears right now Thanks for listening I love you guys.

-- Edited by small fry at 14:28, 2007-02-20

You have no grounds to fight this. You agreed, by signing the lease, that she can give you 30 days notice to vacate. I would start looking for a place and spend your energy on other more pressing matters than a fight you will not win. She's completely within her legal rights according to the lease you both signed and agreed upon.

blubirde · Chanel

D wrote:

small fry wrote:

Elle I know that is what iam scared about that last statement. The rent has always been paid on time and the house is in good shape. Well so far D tried but she is not listening.

I will be on the look out for another place but I will fight this. Iam trying to be the better person but its not working and there is alot of personal things no one knows about between D and I. I am trying to keep it personal but its really hard. I told H whatever happens and if the big divorce come out of this he needs to own up on his part and let his family know its his doing. I think it is very wrong of her to do this b/c of her personal feelings. She claims she loves Chris and wants him happy but making us move is not going to help. I feel like I am backed in a corner and iam ready to fight with any thing I can. Iam in tears right now Thanks for listening I love you guys.

-- Edited by small fry at 14:28, 2007-02-20
You have no grounds to fight this. You agreed, by signing the lease, that she can give you 30 days notice to vacate. I would start looking for a place and spend your energy on other more pressing matters than a fight you will not win. She's completely within her legal rights according to the lease you both signed and agreed upon.

I'll disagree a bit on this point. In Texas a landlord can't make a tenant move out without cause. If a landlord is going to continue to lease the property and they have no viable complaints with the current tenant, the tenant cannot be forced to leave at the landlord's whim. There are always exceptions, i.e. sold property, bad tenants, tenants not wanting to sign a lease for the amount of time the landlord wants it leased, etc.

But, that said, if she wants to "give" the house to H (or something similar), she might be able to force you out, especially since your lease is month to month. If she wants to rent the house to H only, you could have a good argument.

Winning landlord/tenant disputes is very difficult, no matter who you have working for you. It's time consuming and court fees are not cheap. If it's worth it, definitely put up a fight. If it's not, maybe you should find a new place for you and Chris to start over in. I'd also look into a local tenant rights organization or something similar. They'll be the best source of help for you.

Good luck!

Question - does H tell the grandmother to leave y'all alone? If so, why doesn't she?

atlgirl · Gucci

I'm sorry, small fry, but D is right. It doesn't sound like you have a legal leg to stand on. I think your energies would be better suited to finding a reasonable place for you and Chris before it becomes an immediate emergency. I am sorry that H and his family are being so unkind to you. What you're going through is hard enough as it is. *hugs*

small fry · Chanel

blubirde to answer your question, yes he did talk to her and tried to explain that personal feelings should get in the way of this. No she does not want to give the house to H b/c she needs her rent money. She knows that H can not afford this on his income. In fact he will have to stay with her b/c of income issues. He has that back up he will always have a place to stay. Thank you everyone. I will keep you posted